Mark Frost v. Robert Frederick
Opinion
Opinion
MEMORANDUM
Frost appeals the dismissal of his declaratory judgment action under the Declaratory Judgment Act, 28 U.S.C. § 2201 (a). We have jurisdiction under 28 U.S.C. § 1291 , and we vacate the order and remand the case for such further proceedings as the district court may deem appropriate.
A district court has discretion to decline jurisdiction over a declaratory action, even when subject matter jurisdiction is clear. Snodgrass v. Provident Life & Accident Ins. Co., 147 F.3d 1163 , 1166 (9th Cir.1998) (per curiam). When declining jurisdiction, however, a court is obligated to consider the following factors: (1) whether retaining jurisdiction will involve the court in a needless decision of state law, (2) whether the request is a means of forum shopping, and (3) whether dismissal of the claim for declaratory relief would avoid duplicative litigation. Smith v. Lenches, 263 F.3d 972, 977 (9th Cir.2001) (discussing the factors outlined in Brillhart v. Excess Ins. Co. of Am., 316 U.S. 491 , 62 S.Ct. 1173 , 86 L.Ed. 1620 (1942)). The district court must record its reasoning on those factors. Gov’t Emps. Ins. Co. v. Dizol, 133 F.3d 1220, 1225 (9th Cir.1998) (en banc).